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5/14/12 New address, PO Box 40344, Providence RI
02940-0344
4/28/2012 5/1/2012 New Board Meeting Location:
Impossible Dream, 575 Centerville Ave, Warwick, RI
New
General Meeting Location: Fireman's Hall, Oakland
Beach Ave, Warwick RIPO Box 40344, Providence RI
02940
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12/9/2011
MOTORCYCLE ONLY CHECKPOINTS RULED
LEGAL IN NEW YORK COURT CHALLENGE
The Federal
Court in New York last month issued a ruling on a
case which has pitted New York motorcyclists
against the State Police and their use of the
"Motorcycle Only" checkpoints.
In terms of
background, in 2008, the New York State Police
decided to implement checkpoints that targeted
motorcycles only and in the areas of and at same
time as some of the biggest motorcycle rallies in
the state.
The statistics from these
checkpoints are staggering:
- 5,342 motorcycles
passed through 17 checkpoints in 2008.
-
Authorities inspected 2,278 of those vehicles.
- They made four criminal arrests
- They
issued 1,064 tickets
- 365 for helmet
violations
- 99 for other safety violations
- 600 for non-safety violations.
In this
court challenge, brought by motorcyclists that
were forced to comply with this checkpoints, it
was argued that motorcycle checkpoints were a form
of profiling and this type of action violated
their constitutional rights.
The court
disagreed and said, in part:
".......checkpoints were enacted to promote
motorcycle safety, a manifest public interest;
they were effective in addressing this interest;
and that any interference with individual
liberties was not only minimal, but also grossly
outweighed by the interest advanced." The program
gave police “appropriately” limited discretion and
was “minimally intrusive,” with evidence showing
bikers were detained at most 45 minutes even when
they got secondary inspections and were cited for
inadequate helmets, the judge wrote.
So, what
is the effect of this ruling for bikers and
motorcyclists in New England? In my opinion,
increased confidence for law enforcement and
anti-motorcycle groups with a stake in local and
state government for the development and
implementation of similar programs. Once in
effect, the burden would shift to us to mount our
own legal challenge. While courts do look to
precedent for guidance in making decisions, this
decision is fresh and fortunately here in the "1st
Circuit" we have judges that don't automatically
follow other jurisdictions. But it is an effort
adverse to our motorcycling interests and one that
we as bikers and motorcyclists must start thinking
about.
I cannot stress enough, the importance
of supporting the Rhode Island Motorcycle
Association. This is the organization that will be
marshaling the effort to combat such intrusive
anti motorcycle government activity. These efforts
take time, public support and money.
Submitted
by Paul Lancia, Esq.
2011 Toy Photos
Published
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